Kittery officers, town manager clash over police chief report

Thursday

Nov 8, 2012 at 2:00 AMNov 8, 2012 at 7:15 AM

KITTERY, Maine — An "explosive situation" has been unfolding in the days since a report about Police Chief Paul Callaghan was made confidential, culminating in a long and, at times, acrimonious meeting Tuesday night between officers and the town manager. The group met to discuss a two-page response to the report Town Manager Robert Markel released Tuesday evening. The response outlined a performance plan with which Callaghan and officers must comply.

Deborah McDermott

KITTERY, Maine — An "explosive situation" has been unfolding in the days since a report about Police Chief Paul Callaghan was made confidential, culminating in a long and, at times, acrimonious meeting Tuesday night between officers and the town manager. The group met to discuss a two-page response to the report Town Manager Robert Markel released Tuesday evening. The response outlined a performance plan with which Callaghan and officers must comply.

Meanwhile, in a written statement released Wednesday, Callaghan said he was opting not to release the document, which the town considers a personnel evaluation. Under state law, as the subject of the evaluation, he has the ability to release it.

But he urged people not to jump to judgment, saying "no conclusions" should be reached by his decision.

"Simply put, I do not believe in setting an expectation that the nonrelease or confidentiality of a document means there is something to hide," he said.

"It sets a bad precedent to attach any meaning to the nonrelease of an internal document, and that is my position on all internal investigations, regardless of the person or subject matter."

Officers are accusing Callaghan, among other things, of lying to the investigator charged with looking into a September vote of no confidence taken by union members against the chief. Meanwhile, Markel said he met with the investigator following his receipt of the report, and the investigator never mentioned that Callaghan ever lied.

"I think there are some situations that they consider lies, and I have to look at that more carefully," Markel said, "but I'm not convinced they're lies."

Sylvia Hebert, business agent for Teamsters Union 340 in South Portland, said officers were stunned at Markel's take.

"There's a high level of frustration with that, and also with the confidentiality of the report, the fact that they don't want to share it," she said. "If it exonerates him, why doesn't he release it?"

Hebert said the lying incident revolved around a report of a dead body. Officers talked with Callaghan at the station, Hebert said, and gave him directions to the scene, but he never went, she said. According to questions the investigator subsequently asked officers about the incident, it was clear to them that Callaghan said he was at home at the time, and not at the station, she said.

"It goes to his credibility and how he can be a leader," she said.

Markel said he was being stopped right and left by Kittery townspeople telling him they supported Callaghan.

"People have been ducking their heads in my door, coming up to me around town and saying the chief is doing great work. It is clear to me Chief Callaghan has established a high level of credibility and support among residents," he said. "The officers got really upset when I said that to them last night. We have polar opposites, the public versus the officers."

By the same token, Markel said, the report did detail "significant areas of concern to the union rank and file" that precipitated his response to the report.

Callaghan is now required to meet twice a month with union stewards, instead of individually; new policies and procedures must be distributed 30 days before implementation for feedback; and he will work with the union to conduct a review of staffing levels.

In addition, a program will be put in place to allow for anonymous comments to the chief or Markel, orders for new protective vests must be placed by Dec. 1, and all officers must be trained in firearms and Tasers by Dec. 30.

"What I'm saying to them is, I'm hearing you and I will work through this situation with an open mind," Markel said.

Callaghan said in his statement that he understood the impetus behind the situation and agreed with Markel's plan.

Markel "provided constructive comments that there was room for improvement all around, but also on my end, primarily with an eye toward improving my manner of communication with the union."

"Bob (Markel) has asked for the membership to give the process a chance," Hebert said. "I think that was met with disbelief. They take great pride in their department, and they're concerned it's slipping.

"This report needs to be made public," she said.

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